Legal Question in Traffic Law in California

Hello, I got charged in California with a 2800 (A) VC. [1]

I was driving home and approached a row of cones that went on for 150+ yards, blocking any turning. Once I approached the stop, I realized this was probably a DUI checkpoint, I had never been through one. I rolled my window all the way down and an officer asked if I knew this was a DUI checkpoint, if I had been drinking and for my ID. I just stared at him without saying anything (thinking over what to say, ~5-10 seconds) I then asked an officer standing next to him if I was being detained and why I need to provide ID, they said you're holding up traffic and if I had a drivers license. Simultaneously I pulled out my phone and informed them I was going to need to audio and video this before complying and as I was doing so they repeatedly said "unlock the car, unlock the car unlock the car". Once I had the recording on I told them I would comply (have this on audio) but they then pulled me out of the vehicle as it was still in drive and then put me down on the curb in cuffs.

I was then informed I was being arrested for refusing to obey a lawful order. I was sent to jail from 1:30 am to 7:30 pm the next day. I was in a cell with 30 people, with seating for 20. I slept on the floor and was later informed the reason it took so long to book us and let us out (16+ hours) was because their computer broke multiple times.

I have a recording of part of the encounter. The time from stopping at the checkpoint to being pulled out of my car was NO MORE than 30 seconds.

What should I do?

My car was towed as well and cost 600$ to get back

Asked on 3/03/13, 8:03 pm

2 Answers from Attorneys

Jacob Kiani Law Office of Jacob I. Kiani

You should get an attorney to aggressively defend the criminal charges that will most likely be brought against you. You need to make sure you know when your first court hearing will be and not miss it.

If I were your attorney, I would try and find out as soon as possible which ADA or City Attorney the case has been assigned to and then I would be on the phone with him or her as soon as possible trying to get you pre-trial diversion especially if you have a clean criminal record otherwise.

Lastly, there is really nothing you can do about the LAPD. Lesson learned: unless you want to be arrested, you must treat the LAPD with the utmost respect so they feel like they are being respected and never try to pull stuff on the cops that you saw on TV. The cops can do what they want and they do.

Read more
Answered on 3/03/13, 8:18 pm
David M. Wallin Law Offices OF David M. Wallin

You have 2 choices...Plead guilty or fight the charges. It seems that, with an attorney that fights hard for you, you may be able to have the charges dropped or reduced. As a Former Deputy D.A. and Certified Criminal Law Specialist, our firm has handled many cases like yours and if you have any further questions, feel free to contact me personally. I wish you well............. David Wallin

Read more
Answered on 3/03/13, 9:06 pm

Related Questions & Answers

More Traffic Law questions and answers in California